Terms & Conditions

Updated July 6, 2020
This is the official privacy policy (“Privacy Policy”) for InfiniteMusicFoundation.org and InfiniteMusic.org (“Site,” “we,” “us,” or “our”).  This Privacy Policy governs only the personally identifiable information (“Personal Information”) collected by the Site and does not cover any such information collected in any other manner or for any other purpose by any of our affiliates, or any other company, unless specifically stated. This Site is intended for users 13 years of age or older who reside in the United States of America, its territories and possessions (“U.S.”). If you are not yet 13 years old or do not reside in the U.S., please do not participate in the features, activities and services that require you to provide your Personal Information. We reserve the right to revise this Privacy Policy at any time by updating this posting without advance notice to you. Such revisions shall be effective to you immediately upon posting. Notice of material changes to this Privacy Policy will be posted on the Site’s homepage and/or will be provided by e-mailing you or notifying you upon login about these changes; the form of such notice is at our discretion. However, we encourage you to check this Privacy Policy often for updates. We are committed to protecting users’ privacy. Keeping the Personal Information you share with us on the Site secure, and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.

When This Privacy Policy Applies.
This Privacy Policy applies:

1. Regardless of whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”);
2. Whether you are accessing the Site as a registered user (if offered by the Site) or other user of the Site;
3. To all Information (as that term is defined below) collected by the Site (as defined above), but does not, unless specifically stated, apply to any information collected by any other company;
4. To our use of combined information if we combine Information (as that term is defined below) collected by the Site with other information we collect from other sources, such as information collected at a physical location), marketing companies or advertisers; and
5. Will remain in full force and effect even if your use of or participation in the Site or any particular service, feature, function or promotional activity offered through the Site terminates, expires, ceases, is suspended or deactivated for any reason.

GENERAL PRIVACY INFORMATION

U.S. Governing Law; Transfer/Processing of Data To/In the U.S. 

The Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations.

If you are located outside of the U.S., the European Economic Area (“EEA”) or Switzerland, you use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information and Other Information you provide to us or we obtain as a result of your use of this Site shall be collected in the U.S. and/or transferred to the U.S. and subject to U.S. law.

By using this Site, participating in any Site activities and/or providing us with your Personal Information and Other Information, you (a) consent to the transfer and/or processing of any Information to and in the U.S., (b) acknowledge that U.S. law may provide a lower standard of protection for personal data than the laws of your location and (c) understand that we shall collect, transfer, store, process and/or deal with your Information in accordance with this Privacy Policy and U.S. law. Consequently, to the full extent permitted by law, you hereby waive any claims relating to the processing of your Personal Information or Other Information in accordance with this Privacy Policy that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

All users of the Site are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.

Your continued use of the Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. We may from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from our affiliates, marketing companies, or advertisers. This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of the Site, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.

Certain products or services offered by this Site may be subject to additional privacy practices, such as practices on how Information is collected, used, shared and/or disclosed by such products or services and/or how you may exercise choice with regard to such Information (“Additional Privacy Statements”). These Additional Privacy Statements, if any, shall be provided to you in conjunction with those products and services and are hereby incorporated in this Privacy Policy by reference. To the extent that there is a conflict between this Privacy Policy and the Additional Privacy Statement for the activity in which you choose to participate, the Additional Privacy Statement shall govern.

1. Collection and Use of Personal Information: When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog or other personal website URL, date of birth, e-mail address, gender, ethnicity and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with us. For example, to the extent we offer such services, if you order any products we may offer from time to time, in addition to your name and contact information, we also will collect and maintain your billing address, shipping address, product selections, your credit card or other payment instrument information, your order number, and information about your computer’s internet address and website which may have referred or directed you to the Site (e.g., the referring URL). Your credit card or debit card number is classified as “Sensitive Personal Information” and is collected via a secure transmission.

We collect Personal Information about you when you visit the Site and input information, whether you are making a donation, paying for an event ticket, signing up for our e-news, registering to use any services, features or functions that may be offered on the Site from time to time, participating in auctions or promotions, ordering or purchasing Products, or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including Personal Information, to tailor your experience on the Site, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site according to your preferences and personal characteristics.

• a. Collection of Personal Information During Registration. To the extent we may offer user registration on the Site, to register as a member of the Site, you are required to select a user name and password (together, your “User ID”), and may be required to also provide other Personal Information, such as your email address, first and last name, gender, date of birth, country and zip code. Additional Personal Information may be requested during the registration process (but not required), such as cable/satellite provider, ethnic information, and annual income. We will allow you to change the password portion of your User ID, as well as certain other Personal Information or Sensitive Personal Information you have given us in order to keep your information current, but once you select a user name you will not be able to change that user name provided to us during registration and which is associated with your User ID. Among other things, these kinds of information help us securely identify you as a registered or permitted user of the Site and our features and functions. You will not be able to change your date of birth without sufficient verification. All member benefits are free. As a registered user of the Site, from time to time, we may also provide you with certain options to subscribe to a selection of free email newsletters and other periodic information. You may select such options by opting-in at the time of registration or by responding to an offer or invitation at a later date. You will also have the right to opt-out (unsubscribe) or change your preferences at any time by logging in with your User ID and changing the settings in your account. You may also opt-out to particular email communications by responding to that email and using the “unsubscribe” or opt-out procedure included in that communication. If you are a registered user, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site in connection with your registration.
• b. Collection of Personal Information During Registration or In Connection with Certain Features and Functions. During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about you in order for us to personalize and allow you to use the features and functions that we may offer on the Site from time to time, such as auctions, contests, shopping, registration and member profile pages.
• c. Collection of Personal Information in Connection with Promotions such as Contests. To the extent we offer user registration on the Site, registration as a member of the Site is not always required to enter promotions such as contests. There may be a separate registration process which will require the submission of all or some of the following: your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Personal Information may be requested depending on the specific Promotion, but submission of such information may be optional. The promotion’s entry page and/or rules will provide the specific requirements. You may also have the opportunity to opt-in to special promotions or offers from our advertisers in connection with many of these types of promotions.
• d. Use of Personal Information in Connection with Promotions and Offers; Opt-out Procedures. We, or our affiliates, may contact the Site’s registered users or other users that have registered for or participated in various Site events, Promotions, or transactions, or we may send offers for the purchase of goods and/or services that may be of interest to users.
  You may “opt out” of receiving marketing and promotional e-mails or text messages from us at any time by going to the Site’s home page, clicking the “Your Account” link, to (1) un-register your account, or (2) change or edit your preferences. You may also use the opt-out mechanism that is contained in an email or text message. However, we, or our affiliates, may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any promotions you have participated in or have entered, goods and/or services or Products you have ordered, or other transactions you have undertaken with the Site.
• f. Sharing of Aggregate Information with Third Parties. Some of the aggregate user data we collect may be shared with advertisers, our affiliates, and other business partners of the Site (such as third party as servers), its parent companies, and/or its affiliates, but we do not give any Personal Information to them as part of the relationship except as described in this Privacy Policy. Use of their tracking technology is subject to their own privacy policies.
• g. Collection of Personal Information in Connection with Donations. If you use the site to make a donation or if you make a donation to the Infinite Music Foundation offline (“Donor”), we will not share or sell Donor’s Personal Information with any third party nor will we send Donor mailings on behalf of other organizations unless Donor has given us specific permission to do so.
  If Donor has given us permission to share Donor Personal Information with other organizations, Donor may “opt out” of inclusion of Donor Personal Information from mailing lists we share information with at any time by using the opt-out mechanism that is contained in an email or text message. However, we, or our affiliates, may continue to contact Donor via email for administrative or informational purposes, including follow-up messages regarding the administration of Donor account, any services, features or functions Donor has enrolled in or registered to use, any promotions Donor has participated in or have entered, goods and/or services or Products Donor has ordered, or other transactions Donor has undertaken with the Site.

2. Accuracy and Confidentiality: It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information. You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site by any others who use your User ID, unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party.
Although we may track the numbers of users to inform us on how best to update the Site and enhance the experience for all users, Personal Information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Site, enhance and improve our services, improve the look of the Site and display advertising and marketing information.

3. Privacy of Your Postings: We respect the privacy of the contents of any Personal Information related to or contained in a Posting, unless the information is intended to be disclosed (such Personal Information, except as intended to be disclosed, is called “Confidential Personal Information”). However, we reserve the right to monitor, edit, and disclose your use of the Site or Confidential Personal Information to a third party, if we believe such action is required by law or is necessary to protect and defend our rights, to enforce this Privacy Policy or the terms of the Terms of Use Agreement, or to protect the interests of our users, advertisers, parent companies, affiliates, licensors, suppliers, operational service providers, and others.

• a. Co-Branded Services and Features. The Site may also offer co-branded services and features, such as events and Promotions that we put together with another company or our affiliates (“Co-Branded Partner”). Such services and features may be hosted on the Site and/or our Co-Branded Partner’s website. We may share your Personal Information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and give your affirmative consent to both the Site and our Co-Branded Partner to collect and use your Personal Information provided during the registration process and/or in connection with the specific co-branded feature or service for the fulfillment of the feature or service and for marketing or administrative purposes. If you wish to opt-out of a Co-Branded Partner’s future use of your Personal Information for marketing purposes, you will need to contact the Co-Branded Partner directly. The Co-Branded Partner will be identified on the co-branded feature or service. Registered or other users that participate in certain services relating to Postings, such as user video uploads, agree to have certain Personal Information posted on the Site or platforms that relates to user video uploads) or, if such feature is offered in connection with a Co-Branded Partner, on our Co-Branded partner’s website in connection with the display of the uploaded video and posted on any platform that the uploaded video may be posted. Registered or other users that upload videos may also be required to submit additional Personal Information.
• b. Operational Service Providers. We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining the Site’s services, features, functions and operations. We will refer to these third parties as “operational service providers”. We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Sensitive Personal Information to third party marketers that are not associated with the Site. Additionally, such operational service providers are not permitted to use your Personal Information or Sensitive Personal Information for their own marketing or promotional purposes.
• c. Other Non-Affiliated Third Parties. We will make your Personal Information and Sensitive Personal Information available to non-affiliated third parties in the following limited circumstances:
  – When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);- If we believe your actions violate any law, regulation, the Terms of Use Agreement including, without limitation, this Privacy Policy, or any of our other terms and conditions, Rules, offerings or any other services, features or functions of the Site, or if you threaten the rights, property or safety of the Site, the affiliates, or any of its or their operational service providers, licensors, suppliers, advertisers, customers, users, or any other party;-  If, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or-  In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us, or our parent companies or affiliates.

4. Security & Protection of Personal Information: While the Internet and data transmission over the Internet is not 100% secure from intrusion, we maintain commercially reasonable physical, electronic, and procedural safeguards to protect your Information. However, as for most Internet sites, regardless of our efforts and the Device you use to access the Site, it is possible that third parties may unlawfully intercept or access transmissions or private communications or Information. While the Internet and data transmission over the Internet is not 100% secure from intrusion, we conduct financial transactions via secured transmissions. We also limit our own employees’ and volunteers’ access to Information collected by the Site to those individuals who are authorized for the proper handling of such information and any employee and/or volunteer found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow similar standards of security and confidentiality.

5. Phishing: Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ e-mails to lead consumers to counterfeit websites or otherwise respond in a manner that is designed to trick recipients into divulging Personal Information such as credit card numbers, account usernames, passwords, and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM SENSITIVE PERSONAL INFORMATION OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Site’s Privacy Administrator at support@infinitemusic.org, and then immediately delete the fraudulent email from your computer.

6. Third Party Social Media Network Sign-On. We may provide you with the ability to sign on to the Site by using third party social media network credentials (“SMN”). If you choose to sign-in through an SMN, you may be required to provide us with all or some of the Information required in the Site’s registration form and your use of the Site shall be governed by the applicable SMN’s privacy policy and user agreements as well as this Privacy Policy and the Site’s Terms of Use. Please note that the SMN may set additional or different requirements for membership than those set for the Site, such as minimum age. We, and our affiliates, are not responsible for the use of any such SMN, or for the accuracy, use or misuse of any information that you may disclose to or receive from an SMN or other third party in connection with such use. If you use an SMN to sign-in, we may receive certain information from such SMN and our use of your Information we receive from any SMN is governed by the relevant policies of any such SMN and any permissions you give us regarding your Information, including, but not limited to, those set forth in this Privacy Policy. If you have questions about whether a particular feature, function or service of the Site is powered by a third party, you may contact us with your question as provided in Section 15 (Questions) below. After you have registered for the Site through SMN, we may recognize you when you visit certain other applications or other interactive services.

6.1.1 In Connection with Certain Features and Functions. We may also provide you with access to certain features or functions that we may offer on the Site, such as the option to participate in commenting, shopping and member profile pages. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you in order for us to personalize and/or allow you to use such features and functions. For example, if we offer e-Commerce services on this Site, if you order any of our goods or services through such services, in addition to your name and contact information, we (or our operational service providers that we use to provide the e-Commerce service) may also collect and/or maintain your billing address, shipping address, selections, credit card or other payment instrument information, order number and information about your computer’s internet address and website which may have referred or directed you to the Site (e.g., the referring URL).

The Site may also provide features, functions and/or services powered by an SMN or other third party. For example, Information may be disclosed to an SMN through plug-ins offered by such SMN (such as Likes, Shares or commenting). Please take care when using any SMN or other third party service and familiarize yourself with the SMN’s or other third party’s policies and agreements, if any, that govern such use.

6.1.2 In Connection with Promotions such as Contests. There may be a separate registration process to enter Promotions (as defined in the Site’s Terms of Use) such as contests which may require the submission of all or some of the following: your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Information may be requested depending on the specific Promotion. The Promotion’s entry page and/or Rules shall provide the specific requirements. You may also have the opportunity to opt-in to receive special Promotions or offers from our third party advertisers, sponsors or promotional partners (“Advertisers”) as a result of your use of the Site in connection with these Promotions.

* * *

TERMS OF USE

Updated July 6, 2020

© InfiniteMusic.org. All Rights Reserved.

By using this website (this “website”), you accept the following agreement (this “agreement”). Please read this agreement carefully before using this website. If you do not accept this agreement, do not use this website. This agreement may be updated from time to time at the sole discretion of infinitemusicfoundation.org and infinitemusic.org. You may be requested from time to time upon visiting this website to reconfirm your assent to the terms and conditions set forth in this agreement.

Limited Use All content included on this Website or any website owned, operated, licensed or controlled by Infinite Music Foundation (also known as “Infinite Music™”) such as text, logos, graphics and images, is the property of Infinite Music™ or other persons and is protected by United States and international copyright laws. Except as otherwise indicated on this Website, any person using this website is authorized to copy, print, or distribute any of its contents only as follows: 

1. Users may print out individual pages but cannot copy or download a large portion of the Website (e.g., no bots, webcrawlers, spiders, etc. that “harvest” the Website). 2. Users may download, print, distribute and use pages from the Website only for informational, non-commercial, non-public purposes. 3. Any copies of such documents or pages must not alter the original Website content and must include the Infinite Music™ copyright notice, “© 2020 Infinitemusic.org. All Rights Reserved,” as included thereon. 4. No one may frame this Website or any portion thereof. Linking to this Website is permitted, provided that the link does not falsely imply or suggest that InfiniteMusic.org has endorsed or is affiliated with the linked website. Infinite Music™ reserves the right to terminate the above authorization at any time in its sole discretion.  Prohibited Uses You agree not to use this Website for any prohibited purpose. The following are examples of types of uses of the Website that are prohibited: 

1. Violations of Law. You are prohibited from using this Website to commit, or in connection with, criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements, or to infringe the rights (including intellectual property, privacy and publicity rights) of any person. We reserve the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators or other third parties, and we may do so without prior notice to you.

2. Security Violations. You are prohibited from violating, or attempting to violate, the security of the Website. Any such violations may result in criminal and civil liabilities to you. Examples of prohibited security violations include, but are not limited to: (i) attempting to probe, scan, or test the vulnerability of any system, subsystem or network related to the Website; and (ii) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures

3. Spam. You are prohibited from using this Website in connection with spam. Spam includes, but is not limited to, any of the following activities: (i) sending any unsolicited e-mail that could be expected, in Infinite Music’s™ sole discretion, to provoke complaints; (ii) sending unsolicited e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail; and (iii) sending e-mail that does not accurately identify the sender, the sender’s return address, and the e-mail address of origin. We reserve the right to determine, in our sole discretion, whether you have used the Website in a prohibited way. We will monitor the Website and, when we become aware that the Website is being used for a prohibited purpose (or an attempt has been made to do so), we will take any action we deem appropriate. We may not notify you before we take action against you. 

Trademarks Infinite Music Foundation, Infinite Music, Infinite Music Rising Stars, Be Instrumental, Grateful Gigs, Makin' Music Club, Infinite Music Gives, Infinite Music UpBEAT Conversations, Infinite Music Quarter Notes and the associated logos are trademarks of Infinite Music Foundation. All other trademarks displayed on this website are the property of their respective owners, who may or may not be affiliated with Infinite Music™. 

Limitations of Liability; Disclaimer; Indemnification Infinite Music™ and its affiliates will not be liable for any damages, injury or loss, including but not limited to special, consequential or punitive damages, that result from the use of (or the inability to use) this Website and its contents, or a website linked to this Website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, line failure, or other computer malfunction, even if Infinite Music™ or an affiliate has been advised of the possibility of such damages, injury or loss. Infinite Music™ and its affiliates also assume no responsibility for any damages to, or viruses that may infect, your computer system or other property as a result of your access to, use of, or downloading of any material from, this Website. This Website is provided by Infinite Music™ on an “as is” and “as available” basis. Infinite Music™ makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information included on this website. You expressly agree that your use of this Website is at your sole risk. Infinite Music™ does not warrant that the information in this Website is accurate, reliable or correct, that this Website will be available at any particular time or location, or that the Website is free of viruses or other harmful components. You acknowledge that the content of this Website: (i) contains information available as of the publication date, and Infinite Music™ has no obligation to update such content or to advise you of any change in the data or statements therein; and (ii) is presented by Infinite Music™ alone, and no other persons (including any Infinite Music™ affiliates) are involved in the presentation. YOU ACKNOWLEDGE THAT YOU SHALL USE SUCH CONTENT IN A MANNER BASED UPON YOUR OWN DETERMINATION AND EVALUATION OF THE INFORMATION CONTAINED THEREIN, AND INFINITE MUSIC™ SHALL NOT BE RESPONSIBLE FOR SUCH USE. You agree to defend, indemnify and hold harmless Infinite Music™, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with access to or use of this Website and/or any of the materials or information posted on, or made available through, this Website in an unlawful or unauthorized manner or in a manner inconsistent with these Terms of Use. 

Linked Websites and Advertisements This Website may link to or be linked from other websites that are not maintained by Infinite Music™. Infinite Music™ does not endorse, and is not responsible for the content of any of those websites. Advertisement banners and other forms of advertising exist on the site. However, Infinite Music™ is not responsible for the claims or representations made by any advertiser on the site, nor is Infinite Music™ responsible for the products and services of advertisers on the site. Furthermore, mere presence of an advertiser on the site does not constitute an endorsement, approval or sponsorship of any advertiser by Infinite Music™ in any respect unless expressly indicated otherwise. 

Miscellaneous You agree that your use of this Website, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of California. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in San Luis Obispo County in the State of California. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Infinite Music™ reserves the right, in its sole discretion, to suspend or terminate your access to the site for any reason including, but not limited to, your breach of any of the terms of this Agreement.